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A01833
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1621
Session of
2021
INTRODUCED BY MARSHALL, MATZIE, FARRY AND SCHWEYER,
JUNE 14, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 14, 2021
AN ACT
Providing for small wireless facilities deployment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Small
Wireless Facilities Deployment Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Antenna." Telecommunications equipment that transmits and
receives electromagnetic radio signals used in the provision of
all types of wireless telecommunications services.
"Applicable codes." Any of the following:
(1) Uniform building, fire, electrical, plumbing or
mechanical codes adopted by a recognized national code
organization or local amendments to those codes enacted
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solely to address imminent threats of destruction of property
or injury to persons.
(2) Local zoning, land use, streets and sidewalks,
rights-of-way and permitting ordinances that comply with this
act.
"Applicant." A communications service provider that submits
an application.
"Application." A request submitted by an applicant to a
municipality:
(1) for a permit to collocate small wireless facilities;
or
(2) to approve the installation, modification or
replacement of a utility pole with small wireless facilities
attached.
"Cable facility." Buildings, other structures and equipment
used by the owner or operator of a cable television system to
provide service. As used in this definition, the term "cable
system" shall have the meaning given to it in section 602(6) of
the Cable Communications Policy Act of 1984 (Public Law 98-549,
47 U.S.C. § 522(7)).
"Collocation" or "collocate." To install, mount, maintain,
modify or replace small wireless facilities on an existing
utility pole or other wireless support structure.
"Communications facility." A set of equipment and network
components, including wires and cables and associated
facilities, used by a communications service provider to provide
a communications service.
"Communications service provider." Any of the following:
(1) A cable operator as defined in section 602(4) of the
Cable Communications Policy Act of 1984 (Public Law 98-549,
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47 U.S.C. § 522(5)).
(2) A provider of information service as defined in
section 3(20) of the Communications Act of 1934 (48 Stat.
1064, 47 U.S.C. § 153(24)).
(3) A telecommunications carrier as defined in section
3(44) of the Communications Act of 1934 (47 U.S.C. §
153(51)).
(4) A wireless provider.
"Decorative pole." A municipal pole that is specially
designed and placed for aesthetic purposes.
"FCC." The Federal Communications Commission.
"Historic district or building." A building that is or a
group of buildings, properties or sites that are:
(1) Listed in the National Register of Historic Places
or formally determined eligible for listing by the Keeper of
the National Register.
(2) Determined to be eligible for listing by the Keeper
of the National Register of Historic Places who has been
delegated the authority by a Federal agency to list
properties and determine their eligibility for the National
Register of Historic Places in accordance with section
VI.D.1.a.i-v of the Nationwide Programmatic Agreement for
Review Regarding the Section 106 National Historic
Preservation Act Review Process as specified under 47 CFR Pt.
1, App. C (relating to Nationwide Programmatic Agreement
Regarding the Section 106 National Historic Preservation Act
Review Process).
(3) Marked as a historical site by the Pennsylvania
Historical and Museum Commission pursuant to 37 Pa.C.S.
(relating to historical and museums).
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(4) Within a historic district created pursuant to the
act of June 13, 1961 (P.L.282, No.167), entitled "An act
authorizing counties, cities, boroughs, incorporated towns
and townships to create historic districts within their
geographic boundaries; providing for the appointment of
Boards of Historical Architectural Review; empowering
governing bodies of political subdivisions to protect the
distinctive historical character of these districts and to
regulate the erection, reconstruction, alteration,
restoration, demolition or razing of buildings within the
historic districts."
"Micro wireless facility." A small wireless facility that:
(1) does not exceed two cubic feet in volume; and
(2) has an exterior antenna no longer than 11 inches.
"Modification" or "modify." The improvement, upgrade or
replacement of a small wireless facility or an existing utility
pole that does not substantially change, as defined in 47 CFR §
1.6100(b)(7) (relating to wireless facility modifications), the
physical dimension of the small wireless facility or utility
pole.
"Municipality." Any of the following:
(1) A city of the first, second, second class A or third
class.
(2) A borough.
(3) An incorporated town.
(4) A township of the first or second class.
(5) A county.
(6) A home rule municipality.
(7) A similar general purpose unit of government
established by the General Assembly.
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"Municipal pole." A utility pole owned, managed or operated
by or on behalf of a municipality.
"Right-of-way." The area on, below or above a public
roadway, highway, street, sidewalk, alley, utility easement or
similar property. The term does not include a Federal interstate
highway.
"Small wireless facility." The equipment and network
components, including antennas, transmitters and receivers, used
by a wireless provider that meet the following qualifications:
(1) Each antenna associated with the deployment is no
more than three cubic feet in volume.
(2) The volume of all other equipment associated with
the wireless facility, whether ground-mounted or pole-
mounted, is cumulatively no more than 28 cubic feet. Any
equipment used solely for the concealment of the small
wireless facility shall not be included in the calculation of
equipment volume under this paragraph.
"Technically feasible." By virtue of engineering or spectrum
usage, the proposed placement for a small wireless facility or
its design or site location can be implemented without a
material reduction in the functionality of the small wireless
facility.
"Utility facility." Buildings, other structures and
equipment owned or operated by a public utility, as defined in
66 Pa.C.S. § 102 (relating to definitions), to provide service.
"Utility pole." A pole or similar structure that is or may
be used, in whole or in part, by or for telecommunications,
electric distribution, lighting, traffic control, signage or a
similar function or for collocation. The term includes the
vertical support structure for traffic lights but does not
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include wireless support structures or horizontal structures to
which signal lights or other traffic control devices are
attached.
"Wireless facility." As follows:
(1) Equipment at a fixed location that enables wireless
service between user equipment and a communications network,
including any of the following:
(i) Equipment associated with wireless services.
(ii) Radio transceivers, antennas, coaxial or fiber
optic cables, regular and backup power supplies or
comparable equipment, regardless of technological
configuration.
(2) The term includes a small wireless facility.
(3) The term does not include any of the following:
(i) The structure or improvements on, under or
within which the equipment is collocated.
(ii) The coaxial or fiber optic cables that are not
immediately adjacent to or directly associated with a
particular antenna.
"Wireless infrastructure provider." A person authorized by
the Pennsylvania Public Utility Commission to provide
telecommunications service in this Commonwealth that builds or
installs wireless communication transmission equipment, wireless
facilities or wireless support structures but is not a wireless
services provider.
"Wireless provider." A wireless infrastructure provider or a
wireless services provider.
"Wireless services." Services, whether at a fixed location
or mobile, using a licensed or unlicensed spectrum, provided to
the public using wireless facilities.
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"Wireless services provider." A person who provides wireless
services.
"Wireless support structure." The term shall have the same
meaning given to it in the act of October 24, 2012 (P.L.1501,
No.191), known as the Wireless Broadband Collocation Act.
Section 3. Use of right-of-way for small wireless facilities
and utility poles with small wireless facilities
attached.
(a) Applicability.--The provisions of this section shall
only apply to activities of a wireless provider within the
right-of-way to deploy small wireless facilities and associated
new utility poles with small wireless facilities attached.
(b) Exclusive use prohibited.--A municipality shall not
enter into an exclusive arrangement with any person for use of
the right-of-way for:
(1) collocation; or
(2) the installation, operation, modification or
replacement of utility poles with small wireless facilities
attached.
(c) Right-of-way rates and fees.--Subject to the fee
adjustment requirements under section 7(c), a municipality shall
have the right to charge an annual fee for the use of the right-
of-way. An annual right-of-way fee shall not exceed $270 per
small wireless facility or $270 per new utility pole with a
small wireless facility unless a municipality demonstrates all
of the following:
(1) The annual right-of-way fee is a reasonable
approximation of the municipality's costs to manage the
right-of-way.
(2) The municipality's costs under paragraph (1) are
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reasonable.
(3) The annual right-of-way fee is nondiscriminatory.
(d) Right of access.--
(1) Under the provisions of this act, in accordance with
applicable codes, and with the permission of the owner of the
structure, a wireless provider shall have the right to
perform the following within the right-of-way:
(i) Collocate.
(ii) Replace an existing utility pole or install a
new utility pole with attached small wireless facilities.
(2) All structures and facilities shall be installed and
maintained so as not to obstruct nor hinder travel or public
safety within the right-of-way or obstruct the legal use of
the right-of-way by the municipality and utilities.
(e) Size limits.--
(1) Each new or modified small wireless facility
installed in the right-of-way shall be installed on an
existing utility pole or a new utility pole subject to the
following:
(i) The installation of a small wireless facility on
an existing utility pole shall not extend more than five
feet above the existing utility pole.
(ii) If collocation on an existing utility pole
cannot be achieved under section 4(i), a small wireless
facility may be installed on a new or replacement utility
pole. The maximum permitted height of the facility, which
shall include the utility pole and small wireless
facility, shall not be taller than 50 feet above ground
level.
(2) Subject to the provisions of this act, a wireless
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provider may collocate or install a new utility pole with
small wireless facilities attached that exceeds these height
limits by including a height limit waiver request or
variances in the application. Height limit waivers or
variances shall be processed subject to applicable codes.
(f) Underground district.--A wireless provider shall comply
with reasonable and nondiscriminatory requirements that prohibit
communications service providers from placing or installing
structures in the right-of-way in an area designated solely for
underground or buried cable facilities and utility facilities if
the municipality:
(1) Requires all cable facilities and utility
facilities, other than municipal poles and attachments, to be
placed underground by a date certain that is three months
prior to the submission of the application.
(2) Does not prohibit the replacement of municipal poles
in the designated area.
(3) Permits wireless providers to seek a waiver of the
underground requirements for the installation of a new
utility pole to support small wireless facilities. Upon the
submission of a request for a waiver by a wireless provider,
the municipality may require a public hearing and, with the
approval of the property owner, permit a waiver request.
Waivers shall be addressed in a nondiscriminatory manner and
in accordance with applicable codes.
(g) Historic district or building.--Except for facilities
excluded from evaluation for effects on historic properties
under 47 CFR § 1.1307(a)(4) (relating to actions that may have a
significant environmental effect, for which Environmental
Assessments (EAs) must be prepared), a municipality may require
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reasonable, technically feasible, nondiscriminatory and
technologically neutral design or concealment measures in a
historic district or on historic buildings. Any design or
concealment measures may not have the effect of prohibiting any
provider's technology or be considered a part of the small
wireless facility for purposes of the size restrictions of small
wireless facilities.
(h) Design guidelines.--A municipality may develop objective
design guidelines for a small wireless facility regarding the
minimization of aesthetic impact in accordance with the
following:
(1) The design guidelines shall be technically feasible.
(2) The design guidelines may not have the effect of
prohibiting the wireless provider's technology.
(3) The design guidelines may not unreasonably
discriminate among wireless providers of functionally
equivalent services.
(i) Damage and repair.--A wireless provider shall repair all
damage to the right-of-way or any other land so disturbed,
directly caused by the activities of the wireless provider or
the wireless provider's contractors and return the right-of-way
in as good of condition as it existed prior to any work being
done in the right-of-way by the wireless provider. If the
wireless provider fails to make the repairs required by the
municipality within 30 days after written notice, the
municipality may perform those repairs and charge the wireless
provider the reasonable, documented cost of the repairs plus a
penalty not to exceed $500. The municipality may suspend the
ability of an applicant to receive a new permit from the
municipality until the applicant has paid the amount assessed
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for the repair costs and the assessed penalty. The municipality
may not suspend the ability of an applicant to receive a new
permit that has deposited the amount assessed for the repair
costs and the assessed penalty in escrow pending an adjudication
of the merits of the dispute by a court of competent
jurisdiction.
(j) Communications services.--The approval of the
installation, placement, maintenance or operation of a small
wireless facility under this section shall not authorize the
provision of any communications services without compliance with
all applicable laws or the installation, placement, maintenance
or operation of any communications facilities other than
wireless facilities and associated utility poles in the right-
of-way.
Section 4. Permitting process for small wireless facilities and
utility poles within right-of-way.
(a) Applicability.--The provisions of this section shall
apply to a municipality's permitting of small wireless
facilities by a wireless provider or the installation,
modification and replacement of utility poles with small
wireless facilities attached by a wireless provider within the
right-of-way.
(b) Review.--An application under this section shall be
treated as a permitted use in all areas of a municipality,
except underground districts in accordance with section 3(f),
and reviewed by municipal staff for conformance with applicable
codes. Such applications shall not be subject to discretionary
zoning review, including conditional use or special exception
requirements.
(c) Permits.--
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(1) A municipality may require an applicant to obtain
one or more permits of general applicability to perform the
following within the right-of-way:
(i) Collocate, maintain and modify small wireless
facilities.
(ii) Replace existing utility poles for collocation.
(iii) Install new utility poles with attached small
wireless facilities.
(2) Permits of general applicability shall not apply
exclusively to small wireless facilities. A municipality
shall receive applications for collocation or for
installation, modification or replacement of utility poles
with small wireless facilities attached and process and issue
permits, subject to the requirements of applicable codes. The
following apply:
(i) A municipality may not directly or indirectly
require an applicant to perform services or provide goods
unrelated to the permit, such as in-kind contributions to
the municipality, including reserving fiber, conduit or
pole space for the municipality.
(ii) An applicant shall not be required to provide
justification for capacity or radio frequency. An
applicant may be required to:
(A) Include documentation with an application
that includes construction and engineering drawings,
demonstrates compliance with the criteria specified
under subsection (f) and includes all necessary
approvals from the pole owner.
(B) Self-certify that the filing and approval of
the application is required by the wireless provider
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to provide additional capacity or coverage for
wireless services. Nothing in this subsection shall
be construed to permit a municipality to require an
applicant to submit information about an applicant's
business decisions with respect to its service,
customer demand for service or quality of service.
(C) Include documentation showing compliance
with design guidelines consistent with section 3(h).
(d) Completed application.--Within 10 business days of
receiving an application, a municipality must determine and
notify the applicant in writing whether the application is
incomplete. If an application is incomplete, the notice must
specifically identify the missing information. The processing
deadline shall restart at zero on the date the applicant
provides the missing information. The processing deadline may be
tolled by agreement of the applicant and the municipality.
(e) Deadlines.--An application shall be processed on a
nondiscriminatory basis and deemed approved if the municipality
fails to approve or deny the application within 60 days of
receipt of a complete application to collocate and within 90
days of receipt of a complete application to replace an existing
utility pole or install a new utility pole with small wireless
facilities attached. A permit associated with an application
deemed approved under this subsection shall be deemed approved
if the municipality fails to approve or deny the permit within
seven business days after the date of filing the permit
application with the municipality unless there is a public
safety reason for the delay.
(f) Denial.--
(1) A municipality may deny an application under this
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section only if any of the following apply:
(i) The small wireless facility materially
interferes with the safe operation of traffic control
equipment, sight lines or clear zones for transportation
or pedestrians or compliance with the Americans with
Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
327) or similar Federal or State standards regarding
pedestrian access or movement.
(ii) The small wireless facility fails to comply
with applicable codes.
(iii) The small wireless facility fails to comply
with the requirements specified under this act.
(iv) The applicant fails to submit a report by a
qualified engineering expert which shows that the small
wireless facility will comply with applicable FCC
regulations.
(2) Within the time frame established under subsection
(e), the municipality shall document the basis for a denial,
including the specific provisions of applicable codes on
which the denial was based, and send the documentation to the
applicant within five business days of the denial.
(3) The applicant may cure the deficiencies identified
by the municipality and resubmit the application within 30
days of receiving the written basis for the denial without
being required to pay an additional application fee. The
municipality shall approve or deny the revised application
within 30 days of the application being resubmitted for
review or the resubmitted application shall be deemed
approved 30 days after resubmission. Any subsequent review
shall be limited to the deficiencies cited in the denial. If
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the resubmitted application addresses or changes other
sections of the application that were not previously denied,
the municipality shall be given an additional 15 days to
review the resubmitted application and may charge an
additional fee for the review.
(g) Consolidated application.--An applicant seeking to
collocate within the jurisdiction of a single municipality shall
be allowed at the applicant's discretion to file a consolidated
application for collocation of multiple small wireless
facilities as follows:
(1) The consolidated application does not exceed 20
small wireless facilities.
(2) The denial of one or more small wireless facilities
in a consolidated application shall not delay processing of
any other small wireless facilities in the same consolidated
application.
(3) A single applicant may not submit more than one
consolidated or 20 single applications in a 30-day period in
a municipality with a population of less than 50,000. If a
municipality with a population of less than 50,000 receives
more than one consolidated application or 20 single
applications within a 45-day period, the processing deadline
shall be extended 15 days in addition to the processing
deadline specified under subsection (d) to allow the
municipality to complete its initial review under subsection
(d).
(4) The following apply:
(i) For the purpose of counting the number of small
wireless facilities each applicant has before a single
municipality at a given time, small wireless facilities
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and poles that a wireless provider applicant has
requested a third party to deploy and that are included
in a pending application by the third party shall be
counted as pending requests by the wireless provider
applicant.
(ii) An application tolled under paragraph (3) shall
count towards the total number of applications included
in a consolidated application unless the application is
withdrawn by the applicant. As the processing of
applications is completed, the municipality shall begin
processing previously tolled applications in the order in
which the tolled applications were submitted, unless the
applicant specifies a different order.
(h) Time limit for work.--The proposed collocation, the
modification or replacement of a utility pole or the
installation of a new utility pole with small wireless
facilities attached for which a permit is granted under this
section shall be completed within one year of the permit
issuance date unless the municipality and the applicant agree in
writing to extend the period.
(i) Utility poles.--When applying to install a new utility
pole under this act, the municipality may require the wireless
provider to demonstrate that it cannot meet the service
reliability and functional objectives of the application by
collocating on an existing utility pole or municipal pole
instead of installing a new utility pole. The municipality may
require the wireless provider to self-certify that the wireless
provider has made this determination in good faith and to
provide a documented summary of the basis for the determination.
The wireless provider's determination shall be based on whether
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the wireless provider can meet the service objectives of the
application by collocating on an existing utility pole or
municipal pole on which:
(1) The wireless provider has the right to collocation.
(2) The collocation is technically feasible and would
not impose substantial additional cost.
(3) The collocation would not obstruct or hinder travel
or have a negative impact on public safety.
(j) Approval.--Approval of an application authorizes the
applicant to:
(1) Collocate on an existing utility pole, modify or
replace a utility pole or install a new utility pole with
small wireless facilities attached as identified in the
initial application.
(2) Subject to the permit requirements and the
applicant's right to terminate at any time, operate and
maintain small wireless facilities and any associated
equipment on a utility pole covered by the permit for a
period of not less than five years, which shall be renewed
for two additional five-year periods if the applicant is in
compliance with the criteria set forth in this act or
applicable codes consistent with this act and the applicant
has obtained all necessary consent from the utility pole
owner.
(k) Removal of equipment.--
(1) Within 60 days of suspension or revocation of a
permit due to noncompliance with this act or applicable codes
consistent with this act, the applicant shall remove the
small wireless facility and any associated equipment,
including the utility pole and any support structures if the
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applicant's wireless facilities and associated equipment are
the only facilities on the utility pole, after receiving
adequate notice and an opportunity to cure any noncompliance.
(2) Within 90 days of the end of a permit term or an
extension of the permit term, the applicant shall remove the
small wireless facility and any associated equipment,
including the utility pole and any support structures if the
applicant's wireless facilities and associated equipment are
the only facilities on the utility pole.
(l) Moratorium prohibited.--A municipality may not
institute, either expressly or de facto, a moratorium on:
(1) filing, receiving or processing applications; or
(2) issuing permits for:
(i) collocation;
(ii) modification or replacement of utility poles to
support small wireless facilities; or
(iii) installation of new utility poles to support
small wireless facilities.
(m) When applications not required.--
(1) A municipality shall not require an application for:
(i) Routine maintenance or repair work.
(ii) The replacement of small wireless facilities
with small wireless facilities that are substantially
similar or the same size or smaller and still qualify as
a small wireless facility.
(iii) The installation, placement, maintenance,
operation or replacement of micro wireless facilities
that are strung on cables between existing utility poles
by or for a communications service provider authorized to
occupy the right-of-way, in compliance with the National
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Electrical Safety Code.
(2) A municipality may require a permit to perform work
within the right-of-way for the activities under paragraph
(1) or subsection (c), if applicable for work that involves
excavation, closure of a sidewalk or closure of a vehicular
lane. Permits shall be subject to the requirements provided
in this act or applicable codes consistent with this act.
(n) Application fees.--Subject to the fee adjustment
requirements under section 7(c), a municipality shall have the
right to charge an application fee for the review of a permit
application and plans submitted for the work to be done within
the right-of-way. A municipality may charge a one-time
application fee of up to the following:
(1) Five hundred dollars for an application seeking
approval for no more than five collocated small wireless
facilities and up to $100 for each collocated small wireless
facility beyond five.
(2) One thousand dollars for an application seeking
approval of a small wireless facility that requires the
installation of a new or replacement utility pole.
Section 5. Access to municipal poles within right-of-way.
(a) Applicability.--The provisions of this section shall
apply to activities of the wireless provider within a right-of-
way.
(b) Exclusive use prohibited.--A municipality may not enter
into an exclusive arrangement with any person for the right to
collocate on municipal poles.
(c) Collocation.--A municipality shall allow collocation on
municipal poles using the process required under this act and
applicable codes unless the small wireless facility would cause
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structural or safety deficiencies to the municipal pole, in
which case the municipality and applicant shall work together
for any make-ready work or modifications or replacements that
are needed to accommodate the small wireless facility. All
structures and facilities shall be installed and maintained so
as not to obstruct nor hinder travel or public safety within the
right-of-way.
(d) Rates.--Subject to the fee adjustment requirements under
section 7(c), a municipality shall not charge a wireless
provider a fee to collocate on municipal poles.
(e) Implementation and make-ready work.--
(1) The rates, fees and terms and conditions for the
make-ready work to collocate on a municipal pole must be
nondiscriminatory, competitively neutral and commercially
reasonable and must comply with this act.
(2) The municipality shall provide a good faith estimate
for any make-ready work necessary to enable the municipal
pole to support the requested collocation by a wireless
provider, including pole replacement if necessary, within 60
days after receipt of a complete application. Make-ready
work, including pole replacement, shall be completed within
60 days of written acceptance of the good faith estimate by
the applicant. A municipality may require replacement of the
municipal pole only if the municipality demonstrates that the
collocation would make the municipal pole structurally
unsound.
(3) The municipality shall not require more make-ready
work than required to meet applicable codes or industry
standards. Fees for make-ready work on a nonreplacement
municipal pole shall not include costs related to preexisting
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or prior damage or noncompliance. Fees for make-ready work,
including replacement, shall not exceed actual costs or the
amount charged to other similarly situated communications
service providers for similar work and shall not include any
consultant fees or expenses that are charged on a contingency
basis.
(f) Future use.--A municipality may reserve space on an
existing municipal pole for future public safety or
transportation uses in a documented and approved plan as adopted
at the time an application is filed. A reservation of space
shall not preclude collocation, the replacement of an existing
utility pole or the installation of a new utility pole. If the
replacement of a municipal pole is necessary to accommodate
collocation and the reserved future use, the wireless provider
shall pay for the replacement municipal pole and the municipal
pole shall accommodate the future use.
Section 6. Local authority.
Subject to the provisions of this act and applicable Federal
and State laws and regulations, nothing in this act shall be
construed to:
(1) Limit or preempt the scope of a municipality's
zoning, land use, planning, streets and sidewalks, rights-of-
way and permitting authority as it relates to small wireless
facilities.
(2) Grant the authority to a municipality to exercise
zoning jurisdiction over the design, engineering,
construction, installation or operation of a small wireless
facility located in an interior structure or on the site of a
campus, stadium or athletic facility not owned or controlled
by the municipality. Nothing in this act authorizes the
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Commonwealth or any municipality to require small wireless
facility deployment or to regulate wireless services.
Section 7. Implementation.
(a) Ordinances.--A municipality may adopt ordinances that
comply with this act and shall amend existing ordinances as
necessary to comply with this act. If a municipality does not
adopt an ordinance that complies with this act within 60 90 days
of the effective date of this section, applications seeking
permits to collocate, modify or replace existing utility poles
or install new utility poles shall be processed in compliance
with this act. A municipality shall not require a wireless
provider to enter into an agreement to implement this act.
Nothing in this subsection shall be construed to prohibit an
agreement between a municipality and a wireless provider to
implement this act if nondiscriminatory and entered into
voluntarily.
(b) Agreements.--All agreements between municipalities and
wireless service providers that are in effect on the effective
date of this act shall remain in effect, subject to any
termination provisions in the agreements. When an application is
submitted after the effective date of this act, a wireless
provider may elect to have the rates, fees, terms and conditions
established under this act apply to the small wireless facility
or utility pole installed after the effective date of this act.
(c) Rate or fee adjustments.--
(1) If the FCC adjusts its levels for fees for small
wireless facilities, a municipality may adjust any impacted
rate or fee under sections 3(c), 4(n) or 5(d), on a pro rata
basis, and consistent with the FCC's adjustment.
(2) If, in a final adjudication not subject to further
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appeal or to review by the United States Supreme Court, a
Federal court reviewing Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment,
et al., Declaratory Ruling and Third Report and Order, WT
Docket No. 17-79 and WC Docket No. 17-84, FCC 18-133
(released September 27, 2018), reverses or repeals the rates
outlined in that FCC order, then the monetary caps under
sections (3)(c), (4)(n) and (5)(d) may increase 3% annually
beginning January 1, 2021, at the discretion of a
municipality.
Section 8. Indemnification.
Except for a wireless provider with an existing agreement to
occupy and operate in a right-of-way, a wireless provider shall
fully indemnify and hold the municipality and its officers,
employees and agents harmless against any claims, lawsuits,
judgments, costs, liens, expenses or fees or any other damages
caused by the act, error or omission of the wireless provider or
its officers, agents, employees, directors, contractors or
subcontractors while installing, repairing or maintaining small
wireless facilities or utility poles within the right-of-way. A
wireless provider shall not be required to indemnify for an act
of negligence or willful misconduct by the municipality, its
elected and appointed officials, employees and agents.
Section 9. General requirements for uses of rights-of-way.
The following apply:
(1) Structures and facilities deployed by a wireless
provider under this act shall be constructed, maintained and
located in a manner as to not obstruct, endanger or hinder
the usual travel or public safety on a right-of-way, damage
or interfere with other utility facilities located within a
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right-of-way or interfere with the other utility's use of the
utility's facilities located or to be located within the
right-of-way.
(2) The construction and maintenance of structures and
facilities by the wireless provider shall comply with the
2017 National Electrical Safety Code and all applicable laws,
ordinances and regulations for the protection of underground
and overhead utility facilities.
(3) An applicant or the applicant's affiliate shall
ensure that a contractor or subcontractor performing
construction, reconstruction, demolition, repair or
maintenance work on a small wireless facility deployed under
this act meets and attests to all of the following
requirements:
(i) Maintain all valid licenses, registrations or
certificates required by the Federal Government, the
Commonwealth or a local government entity that is
necessary to do business or perform applicable work.
(ii) Maintain compliance with the act of June 2,
1915 (P.L.736, No.338), known as the Workers'
Compensation Act, the act of December 5, 1936 (2nd
Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, and bonding and liability insurance
requirements as specified in the contract for the
project.
(iii) Has not defaulted on a project, declared
bankruptcy, been debarred or suspended on a project by
the Federal Government, the Commonwealth or a local
government entity within the previous three years.
(iv) Has not been convicted of a misdemeanor or
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felony relating to the performance or operation of the
business of the contractor or subcontractor within the
previous 10 years.
(v) Has completed a minimum of the United States
Occupational Safety and Health Administration's 10-hour
safety training course or similar training sufficient to
prepare workers for any hazards that may be encountered
during their work on the small wireless facility.
Section 10. Construction.
(a) Obligations.--Nothing in this act shall be construed to
impact, modify or supersede any construction standard,
engineering practice, tariff provision, collective bargaining
agreement, contractual obligation or right, Federal or State law
or regulation relating to facilities or equipment owned or
controlled by an electric distribution company or its affiliate,
a telecommunications carrier, an electric cooperative or an
independent transmission company that is not a wireless
provider.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Electric distribution company." As defined in 66 Pa.C.S. §
2803 (relating to definitions).
"Facilities." As defined in 66 Pa.C.S. § 102 (relating to
definitions).
"Telecommunications carrier." As defined in 66 Pa.C.S. §
3012 (related to definitions).
Section 11. Effective date.
This act shall take effect in 60 days.
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